February 4, 2020
MEMORANDUM
To:
From:
Subject:

Councilmembers
Aly Pennucci, Supervising Analyst
Council Bill 119726 – Limitation on Winter Evictions

At the Full Council meeting on Monday, February 10, 2020, a discussion and vote on Council Bill
(CB) 119726 is scheduled. CB 119726 would amend the “Just Cause Eviction Ordinance” (JCEO)
(SMC 22.206.160) to provide a defense to an eviction 1 between November 1 and April 1. A
landlord could still pursue an eviction order in court during this time, but this bill provides a
defense for the tenant in the eviction proceedings.
This memorandum: (1) describes the policy intent, (2) describes the City’s existing JCEO and
how proposed bill would modify the JCEO, and (3) provides answers to a series of questions
that have been raised by council offices.
Policy Intent
CB 119726 is intended to prevent physical evictions in winter months because eviction may
lead to homelessness and sleeping outdoors increases the likelihood of developing exposure
related conditions. In September 2018, the Seattle Women’s Commission and the King County
Bar Association jointly published Losing Home: The Human Cost of Eviction in Seattle, finding
that most of the evicted respondents in their study became homeless, with 37.5 percent
completely unsheltered, 25 percent living in a shelter or transitional housing, and 25 percent
staying with family or friends.
In 2018, the King County Medical Examiner’s Office (KCMEO) investigated the deaths of 194
individuals presumed to be homeless. KCMEO concluded that, of those deaths, over half
(n=107) occurred outside and approximately 62 percent (n=121) were attributable to nonnatural causes, such as drug overdoses, accidents (that includes hypothermia), suicide,
homicide, and undetermined. 2
Current JCEO Regulations and CB 119726
The City’s JCEO requires landlords or property managers to state one of the approved reasons
listed in the JCEO in order to proceed with an eviction. In addition to requiring that the eviction
meets one of the approved reasons, the JCEO provides a defense to eviction if the landlord or
1

An eviction (also known as a Writ of Restitution) involves a tenant being ordered by the court to leave a
residence.
2
https://www.kingcounty.gov/depts/health/examiner/annual-report/~/media/depts/health/medicalexaminer/documents/2018-annual-summary-homeless-deaths.ashx
Page 1 of 12

 property manager has not registered the unit under the City’s Rental Registration and
Inspection Ordinance.
CB 119726 would amend the JCEO by adding a defense to eviction if it would result in the
tenant having to vacate the housing unit between November 1 and April 1. This defense would
be available in an eviction hearing for only a subset of the just causes outlined in the City’s
JCEO. Appendix A lists each of the just causes listed in the JCEO and indicates if this defense
would be available to a tenant for each of the just causes.
Responses to General Questions
1. Why limit evictions in winter months?
While temperatures in Seattle may not regularly drop as low as some parts of the country,
exposure related conditions such as hypothermia are not solely temperature related. Rather
wind and precipitation also cause the body to rapidly lose heat, with wet clothing
significantly increasing heat loss. Prolonged exposure to conditions below that of body
temperature can lead to hypothermia. Alcohol and drug use also increase the possibility of
exposure related conditions. 3
As Chart 1 illustrates, average temperatures in the Seattle area are lowest between
November and April, with the lowest average temperatures in December, January, and
February. Similarly, Chart 2 indicates, the average monthly amount of precipitation and
number of days of precipitation increases during the same period, with November,
December, and January seeing comparatively higher amounts and greater frequency of
precipitation.

3

See https://www.mayoclinic.org/diseases-conditions/hypothermia/symptoms-causes/syc-20352682 and
http://www.nationalhomeless.org/publications/winter_weather/Winter_weather_report.pdf for more discussion
on these topics.
Page 2 of 12

 Chart 1: Average Monthly Temperatures in the Seattle Area 4

Average low in °F

47

43

39

52

36

37

JAN

FEB MAR APR MAY JUN

55

54

JUL

52

AUG

47

SEP

41

38

OCT NOV DEC

Chart 2: Average Monthly Precipitation Rates and Number of Days
per Month with Precipitation in the Seattle Area

Precipitation Rates
19

19

Average precipitation in inches
16

15

17

# of Days with precipitation
14

13
11
9
5.2

JAN

3.9
FEB

8
6

5
3.3
MAR

2.0
APR

1.6
MAY

1.4
JUN

0.6
JUL

0.8
AUG

5.0
1.7
SEP

5.4

3.3
OCT

NOV

DEC

The U.S. Department of Housing and Urban Development (HUD) considers households
paying more than 30 percent of their income for housing as “cost-burdened” with respect
to housing. Cost-burdened renters are most likely to be at risk of homelessness due to
evictions as one unexpected financial event can make it difficult to pay rent that leads to an
eviction and depletes savings that can make it difficult to secure new housing. Table 1
provides information on the number of renter households who are considered cost
burdened by income.

4

Information collected on 1/20/2020 from the National Weather Service
(https://w2.weather.gov/climate/index.php?wfo=sew) and from U.S. Climate Data
(https://www.usclimatedata.com/climate/seattle/washington/united-states/uswa0395)
Page 3 of 12

 Table 1: Renter Households Rent Burdened by Income Level (%AMI =Area Median Income)
Income Level of
Rent
Not Rent
Total
% Rent
5
Household
Burdened*
Burdened
Households
Burdened
(%AMI)
≤30% AMI
>30% to ≤ 50% AMI
>50% to ≤80% AMI
>80% to ≤ 100% AMI
>100% AMI
Total

30,255
18,920
11,040
4,880
2,900
67,995

10,105
4,490
11,460
12,255
57,420
95,730

40,360
23,410
22,500
17,135
60,320
163,725

75.0%
80.8%
49.1%
28.5%
4.8%
41.5%

*Includes those paying more than 30% of income for rent
Source: 2012-2016 American Community Survey Comprehensive Housing Affordability Survey (CHAS) data

2. CB 119726 provides a defense during eviction proceedings for a tenant if the eviction would
result in the tenant having to vacate the housing unit between November 1 and March 1.
How will this play out in the eviction proceedings?
A tenant or their attorney will have to raise this as defense in response to the landlord’s
claim for the right of possession during the eviction proceedings in Superior Court.
Presumably a judge will either rule in favor of the tenant and the landlord could refile a
complaint to obtain possession after April 1, or the judge will simply delay execution of the
writ of restitution until after April 1.
3. Would CB 119726 prevent a landlord from pursuing an eviction in court? Would it allow a
tenant to live rent free between November 1 and April 1?
Providing this defense does not prevent a landlord or property manager from moving
forward with eviction proceedings, but instead provides a defense to the tenant if
enforcement of any eviction order issued by King County Superior Court would occur
between November 1 and April 1. In most cases, this would likely delay the physical
eviction. This could provide time for the tenant to remedy the conditions leading to the
pursuit of eviction and, if the landlord is willing, negotiate continued tenancy, or time to
secure other housing. When this defense requires that a landlord delay evicting tenant(s),
the tenant(s) would still be responsible for paying rent during the delay and any
delinquency in paying rent would result in additional fees and would further damage the
tenants rental record and credit.
5

Information on the incomes associated with the % of AMI can be found here:
https://www.seattle.gov/Documents/Departments/Housing/PropertyManagers/IncomeRentLimits/2019%20RHP%
20Income%20Limits.pdf.
Page 4 of 12

 4. How many evictions occur between Nov 1 and April 1?
The most recent data available is from the 2017 eviction records collected and analyzed by
the authors of the Losing Home report. This data reveals that:
•

The number of evictions, on average, filed by month is approximately 100 cases,
with a high of 127 in March 2017 and a low of 83 in April 2017. Approximately 40
percent of eviction cases filed in 2017 were filed in November, December, January or
March.
Eviction Cases Filed in 2017 in Seattle
140
120
100
80
60
40
20
0
Jan Feb Mar Apr May Jun

Jul

Aug Sep Oct Nov Dec

•

During that same period (November – March) approximately 340 Writs of
Restitution were ordered. This ranged from a low of 49 ordered in February and a
high of 83 in March 2017.

•

Landlords can serve a notice to vacate prior to filing an eviction complaint with the
Court; the number of tenants who vacate the unit prior to filing is unknown.

5. When a tenant receives a 14-day pay or vacate notice, what information must be included in
the notice?
State Requirements: RCW 59.18.057 requires that every 14-day notice to pay or vacate
includes the following information 6:
•
•
•

Total financial obligation alleged by the landlord (rent, utilities and other periodic
charges due);
Information about how payment can be made; and
Reference to the Washington State Attorney General’s website, including a note
about resources for tenants facing eviction and reference to the 2-1-1 service.

6

A template for the required notice is available in multiple languages on the State Office of Attorney General:
https://www.atg.wa.gov/landlord%E2%80%90tenant.
Page 5 of 12

 City Requirements: Subsection 22.206.180.K in the Seattle Municipal Code requires that
any notice to terminate a tenancy must include reference to how the tenant can access
information on the rights and obligations of tenants and landlords. The Seattle Department
of Construction and Inspections has issued a draft Director’s Rule that specifies that such
notices must include the following:
“If you need help understanding this notice or information about your renter
rights, call the Renting in Seattle Helpline at (206) 684- 5700 or visit the web
site at www.seattle.gov/rentinginseattle.”
6. What resources are available to provide financial assistance to tenants who are at risk of
eviction due to nonpayment of rent?
A description of some of the resources that provide financial assistance to tenants facing
eviction are described below.
State Resources:
• Landlord Mitigation Program: RCW 43.31.605 provides landlords with an incentive and
added security to work with tenants receiving rental assistance. The program offers up
to $1,000 to the landlord in reimbursement for some potentially required move-in
upgrades, up to fourteen days’ rent loss and up to $5,000 in qualifying damages caused
by a tenant during tenancy.
• Tenancy Preservation: RCW 59.18.410(3) and 43.31.605(c)) established a program to
reduce homelessness by providing relief to low-income tenants facing eviction for nonpayment of rent. In court-approved cases, Commerce will issue a temporary loan to
landlords to preserve tenancy. Tenants have up to 90 days to repay the loan.
• The Office of Attorney General also lists on their website potential resources to assist
tenants: https://www.atg.wa.gov/residential-landlord-tenant-resources.
City Resources:
• The City appropriated $3.3 million in 2020 to supportsprograms that provide
emergency rental assistance to qualifying tenants who have received a 14-day pay or
vacate notice. The programs can include case management and people accessing the
services through these organizations may receive help with outstanding rent bills,
financial assistance for relocation, and other support to sustain their housing. The
following organizations are receiving funding in 2020:
Homeless Prevention Funding from HSD in 2020
Contracted Agency
CHIEF SEATTLE CLUB
EL CENTRO DE LA RAZA
Page 6 of 12

 LIFELONG AIDS ALLIANCE
MUSLIM HOUSING SERVICE
REFUGEE WOMENS ALLIANCE
SEATTLE INDIAN HEALTH BOARD
SOCIETY OF ST VINCENT DE PAUL COUNCIL
SOMALI YOUTH & FAMILY CLUB
UNITED INDIANS OF ALL TRIBES FOUNDATION
CATHOLIC COMMUNITY SERVICES OF WESTERN
WASHINGTON
INTERIM COMMUNITY DEVELOPMENT
ASSOCIATION
NEIGHBORHOOD HOUSE
YWCA OF SEATTLE-KING COUNTY

Other
• Home Base: Home Base is a program offered by the United Way of King County in
partnership with the King County Bar Association (KCBA) that, using an initial
investment from the Seattle Mariners, provides assistant to people facing eviction. The
program:
o Provides legal representation through KCBA’s Housing Justice Project, which
helps low-income clients facing eviction;
o Provides one-time emergency funds to pay the back rent causing the eviction;
and
o Offers the guidance of a caseworker to prevent the person or family from facing
eviction again.
From April to December 2019 Home Base provided approximately $1 million in
payments to help tenants facing eviction in Seattle that resulted in 260 saved
tenancies, and 31 extended move-outs. This represents 535 individuals served and
breaks down to about $1900/individual.
7. What discretion do the courts have in deciding an eviction case when the cause for eviction
is due to nonpayment of rent?
In 2019, the State amended the Landlord-Tenant Act; this included providing a 14 day
rather than a 3 day notice to pay or vacate after nonpayment of rent and provided some
judicial discretion in the eviction proceedings. Per RCW 59.18.410(2) a tenant has up to five
days after a judgment is ordered by the court to pay the rent due and associated fees to
restore tenancy. RCW 58.18.410(3) provides that, following entry of judgment for the
landlord over the tenant for nonpayment of rent, at the show cause hearing or at trial or
upon a subsequent motion of the tenant, the court may stay a writ of restitution upon good
cause based upon consideration of the following:
Page 7 of 12

 •

the tenant's willful or intentional default or failure to pay rent;

•

payment history of the tenant;

•

ability of tenant to timely pay judgment;

•

whether nonpayment was caused by exigent circumstances beyond tenant's control
and are not likely to recur;

•

if tenant is otherwise in substantial compliance with the lease;

•

hardship on the tenant if evicted; and

•

conduct related to other notices within the last six months.

The tenant has the burden of proof to be granted relief under this provision, and if relief is
sought at the time of the show cause hearing the court must hear the matter at that time or
as soon as possible to avoid unnecessary delay or hardship. A tenant who has been served
with three or more notices to pay or vacate within 12 months prior to the current notice to
pay or vacate, may not seek relief through the exercise of this judicial discretion.
8. Does the JCEO apply to fixed-term leases that terminate on a specific date with no right to
hold over?
Fixed-term leases that terminate on a specific date are generally subject to the JCEO when
the lease term is in effect. The new provisions proposed in CB 119726 would provide a
defense to a tenant during the term of a terminating lease.
Attachments:
A. Appendix A: Table of just causes and applicability of CB 119726

Page 8 of 12

 Appendix A
The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this Section
22.206.160:

Would the limit on
wintertime evictions in
CB 119725 apply?

a. The tenant fails to comply with a 14 day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a
ten day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three day notice to vacate for
waste, nuisance (including a drug-related activity nuisance pursuant to chapter 7.43 RCW), or
maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);

In part. An eviction could
still proceed if the reason
for termination is due to
the tenant’s failure to
comply with a three day
notice to vacate for a drugrelated activity nuisance
pursuant to chapter 7.43
RCW or maintenance of an
unlawful business or
conduct pursuant to RCW
59.12.030(5)

b. The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing
of late rent four or more times in a 12 month period;

Yes

c. The tenant fails to comply with a ten day notice to comply or vacate that requires compliance with a
material term of the rental agreement or that requires compliance with a material obligation under
chapter 59.18 RCW;

Yes

d. The tenant habitually fails to comply with the material terms of the rental agreement which causes the
owner to serve a ten day notice to comply or vacate three or more times in a 12 month period;

Yes

e. The owner seeks possession so that the owner or a member of the owner's immediate family may
occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and
available in the same building, and the owner has given the tenant at least 90 days' advance written
notice of the date the tenant's possession is to end…;

No

Page 9 of 12

 f. The owner elects to sell a single-family dwelling unit and gives the tenant at least 90 days' written
notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental
agreement, or if the agreement is month to month, with the last day of a monthly period. The Director
may reduce the time required to give notice to no less than 60 days if the Director determines that
providing 90 days' notice will result in a personal hardship to the owner. Personal hardship may
include but is not limited to hardship caused by illness or accident, unemployment, or job relocation.
For the purposes of this Section 22.206.160, an owner "elects to sell" when the owner makes
reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a
minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a
reasonable price in a newspaper of general circulation.

No, provided that the
tenant received at least
90 days' written notice.

g. The tenant's occupancy is conditioned upon employment on the property and the employment
relationship is terminated;

Yes

h. The owner seeks to do substantial rehabilitation in the building; provided that, the owner must obtain
a tenant relocation license if required by Chapter 22.210 and at least one permit necessary for the
rehabilitation, other than a Master Use Permit, before terminating the tenancy;

Yes

i.

The owner (i) elects to demolish the building, convert it to a cooperative, or convert it to a
nonresidential use; provided that, the owner must obtain a tenant relocation license if required by
Chapter 22.210 and a permit necessary to demolish or change the use before terminating any tenancy,
or (ii) converts the building to a condominium provided the owner complies with the provisions of
Sections 22.903.030 and 22.903.035;

Yes

j.

The owner seeks to discontinue use of a housing unit unauthorized by Title 23 after receipt of a notice
of violation. The owner is required to pay relocation assistance to the tenant(s) of each such unit at
least two weeks prior to the date set for termination of the tenancy, at the rate of:

No

k. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the
maximum limit of individuals allowed to occupy one dwelling unit, as required by Title 23:

Page 10 of 12

No

 l.

1) The owner seeks to reduce the number of individuals who reside in one dwelling unit to comply with Yes
the legal limit after receipt of a notice of violation of the Title 23 restriction on the number of
individuals allowed to reside in a dwelling unit, and: a) The owner has served the tenants with a 30 day
notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced
to the legal limit; provided that no 30 day notice is required if the number of tenants was increased
above the legal limit without the knowledge or consent of the owner; b) After expiration of the 30 day
notice required by subsection 22.206.160.1.1.a ((above)), or at any time after receipt of the notice of
violation if no 30 day notice is required pursuant to subsection 22.206.160.1.1.a, the owner has served
the tenants with and the tenants have failed to comply with a ten day notice to comply with the
maximum legal limit on the number of occupants or vacate; and c) If there is more than one rental
agreement for the unit, the owner may choose which agreements to terminate; provided that((,)) the
owner may either terminate no more than the minimum number of rental agreements necessary to
comply with the legal limit on the number of occupants, or, at the option of the owner, terminate only
those agreements involving the minimum number of occupants necessary to comply with the legal
limit.

m. The owner seeks to discontinue use of an accessory dwelling unit for which a permit has been
obtained pursuant to Sections 23.44.041 and 23.45.545 after receipt of a notice of violation of the
development standards provided in those sections. The owner is required to pay relocation assistance
to the tenant household residing in such a unit at least two weeks prior to the date set for termination
of the tenancy, at the rate of: 1) $2,000 for a tenant household with an income during the past 12
months at or below 50 percent of the county median income, or 2) Two months' rent for a tenant
household with an income during the past 12 months above 50 percent of the county median income;

No

n. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to No
Section 22.206.260 and the emergency conditions identified in the order have not been corrected;
o. The owner seeks to discontinue sharing with a tenant of the owner's own housing unit, i.e., the unit in
which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit
authorized pursuant to Sections 23.44.041 and 23.45.545 that is accessory to the housing unit in which
the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and
the owner resides in an accessory dwelling unit on the same lot. This subsection 22.206.160.C.1.o does

Page 11 of 12

No

 not apply if the owner has received a notice of violation of the development standards of Section
23.44.041. If the owner has received such a notice of violation, subsection 22.206.160.C.1.m applies;

p. A tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident, or guest, has
engaged in criminal activity on the premises, or on the property or public right-of-way abutting the
premises, and the owner has specified in the notice of termination the crime alleged to have been
committed and the general facts supporting the allegation, and has assured that the Seattle
Department of Construction and Inspections has recorded receipt of a copy of the notice of
termination. For purposes of this subsection 22.206.160.C.1.p, a person has "engaged in criminal
activity" if the person; 1) Engages in drug-related activity that would constitute a violation of chapters
69.41, 69.50, or 69.52 RCW, or 2) Engages in activity that is a crime under the laws of this state, but
only if the activity substantially affects the health or safety of other tenants or the owner.

Page 12 of 12

No